APHC010223462023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11890/2023 Between: 1. KAGITHA SURIBABU, S/O. SREE RAMULU, AGED 40 YEARS, OCC. AGRICULTURE, R/O. NAGAYYAPETA VILLAGE, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 3. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI. 4. THE DIVISIONAL PANCHAYAT O ANAKAPALLI, ANAKAPALLI DISTRICT. 5. THE TAHSILDAR, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. 7. THE EXTENSION OFFICER PR AND RD, ANAKAPALLI DISTRICT. 8. THE GRAM PANCHAYAT, NAGAYYAPETA, REP. BY ITS SECRETARY, NAGAYYAPETA VILLAGE, DEVARAPALLI MANDAL, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11890/2023 KAGITHA SURIBABU, S/O. SREE RAMULU, AGED 40 YEARS, OCC. AGRICULTURE, R/O. NAGAYYAPETA VILLAGE, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT, THE DIVISIONAL PANCHAYAT OFFICER, ANAKAPALLI DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT. THE TAHSILDAR, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. THE EXTENSION OFFICER PR AND RD, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. THE GRAM PANCHAYAT, NAGAYYAPETA, REP. BY ITS SECRETARY, NAGAYYAPETA VILLAGE, DEVARAPALLI MANDAL, RC,J W.P.No.11890 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KAGITHA SURIBABU, S/O. SREE RAMULU, AGED 40 YEARS, OCC. AGRICULTURE, R/O. NAGAYYAPETA VILLAGE, DEVARAPALLI ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT, FFICER, ANAKAPALLI DIVISION, THE TAHSILDAR, DEVARAPALLI MANDAL, ANAKAPALLI DISTRICT. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, DEVARAPALLI MANDAL, THE GRAM PANCHAYAT, NAGAYYAPETA, REP. BY ITS SECRETARY, NAGAYYAPETA VILLAGE, DEVARAPALLI MANDAL, RC,J W.P.No.11890 of 2023 2 ANAKAPALLI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents the respondent authorities in interfering, stopping and obstructing the Petitioner's construction activities of residential buildings in R.S.No. 384 to an extent of 320 Square Yards situated at Nagayyapeta Village, Devarapalli Mandal, Anakapalli District without giving any notice and without following due process of law as illegal, arbitrary and violative of principles of natural justice and violative of Art 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioners from his house site property and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to disturb the possession and enjoyment of the petitioner's residential house site in R.S.No. 384 to an extent of 320 Square Yards situated at Nagayyapeta Village, Devarapalli Mandal, Anakapalli District in any manner including the construction activities of his residential building and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order passed dated 05-05-2023 issued in WP No. 11890 of 2023 dismiss the writ petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) RC,J W.P.No.11890 of 2023 3 The Court made the following: RC,J W.P.No.11890 of 2023 4 ORDER This writ petition is filed questioning the action of the respondents in obstructing the petitioner from taking up construction activity of his residential building in R.S.No.384 in an extent of 320 Sq.yardcs situated at Nagayyapeta Village, Devarapallimandal, Anakapalli District, without giving notice and without following due process of law. 2. Heard Sri RambabuKoppineedi, learned counsel for petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. The counter affidavit filed by respondent no.8 panchayat would indicate that the petitioner commenced construction without obtaining any permission from Panchayat that too in Government land and the Panchayat authorities orally intimated him that he cannot make construction and when they tried to serve notice, the petitioner did not receive the notice nor did he permitted them to paste copy of it on the wall. 4. Sri Y.Koteswara Rao, learned Standing Counsel, while reiterating the contents of the counter affidavit contended that the authorities would take steps against the illegal construction of the petitioner strictly in accordance with law. RC,J W.P.No.11890 of 2023 5 5. Interference of the authorities with his construction activity without following due process is the grievance of the petitioner. In view of the submission made by learned Standing Counsel that the Panchayat would take steps strictly in accordance with law, this writ petition can be disposed of. 6. Accordingly, this writ petition is disposed of, directing the authorities concerned not to interfere with the construction activity of the petitioner in the subject property, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI DATED: 1ST DAY OF DECEMBER, 2025. RR RC,J W.P.No.11890 of 2023 6